Erie County District Attorney Frank A. Sedita III declined to discuss his plans for the case, but other sources said doubts have emerged about the woman’s allegations and make criminal prosecution highly unlikely.

The three sources also said they do not believe the case will be presented to a grand jury.

“This case is going nowhere,” one knowledgeable source told The Buffalo News when asked about the possibility of criminal charges.

The possible tampering or hoax surrounding the rape kit seems to be a sticking point in whether or not the investigation continues. If nothing else, it undercuts the prosecution’s credibility:

“I would say that, if there is reason to believe that the victim fabricated, lied or participated in the hoax, there is no reason to put this case before a grand jury,” [Buffalo attorney Florina] Altshiler said. “But if there is no evidence that she participated in the hoax, then I think it should be presented to a grand jury.”

The case was close to being presented in front of a grand jury, but it now appears that it will not progress any further. Kane and his representatives have categorically denied any wrongdoing, but haven’t presented their version of events from that night.